What is the test for "plain error" in a civil case?

MultiRegion, United States of America

The following excerpt is from United States v. Vietor, No. 19-1315-cr (2nd Cir. 2020):

but failed to object to it below, we review its imposition for plain error. See id. at 343. Under the plain error standard, Vietor bears the burden of showing: "(1) there is an error; (2) the error is clear or obvious, rather than subject to reasonable dispute; (3) the error affected [her] substantial rights, which in the ordinary case means it affected the outcome of the district court proceedings; and (4) the error seriously affects the fairness, integrity or public reputation of judicial proceedings." United States v. Marcus, 560 U.S. 258, 262 (2010). "[R]eversal for plain error should be used sparingly, solely in those circumstances in which a miscarriage of justice would otherwise result." United States v. Villafuerte, 502 F.3d 204, 209 (2d Cir. 2007).

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